Created by Fuzzy Cloud

Patna High Court

Dinanath SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to surrender within eight weeks and compliance with the stipulated bail bond and surety conditions.

Summary

The petitioner, Dinanath Sah, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging he assaulted the complainant with a "Farsa" causing a simple head injury. The FIR was lodged after a delay of one month and three days with no satisfactory explanation, and the petitioner asserted a clean antecedent. The State opposed bail. The Court considered the unexplained delay in filing the FIR, the minor nature of the injury, and the petitioner’s clean record, and consequently ordered that bail be granted provided the petitioner surrenders within eight weeks, furnishes a bail bond of Rs.10,000 with two sureties of equal amount, and complies with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether bail should be granted despite the delay in lodging the FIR and the nature of the alleged offences.
  • Whether the petitioner’s clean antecedent and the minor injury justify bail.
  • Whether conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are appropriate for bail.

Legislation cited

Subjects

  • bail
  • delay in FIR
  • clean antecedent
  • assault
  • criminal procedure
  • section 482
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.89776 of 2025
                    Arising Out of PS. Case No.-174 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Dinanath Sah S/o Late Kanhaiya Sah R/o Village- Singhpur, P.S- Sathi, Dist-
                 West Champaran.
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeev Kumar, Mr. Sitesh Kashyap and Mr.
                                                  Raushan Raj, Advocates
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 124, 188, 191, 125(2),

                   127(1), 127(2), 115(2), 303, 109, 308(3), 308(5) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                 3. As per F.I.R., this petitioner is alleged to have

                   assaulted on the head of complainant/informant by means of

                   Farsa. Doctor has found the injury simple in nature. F.I.R. has

                   been lodged after a delay of one month & three days and there is

                   no plausible explanation of delay. Petitioner claims clean

                   antecedent.

                                 4. Learned A.P.P. for the State has opposed the bail

                   petition.
           Patna High Court CR. MISC. No.89776 of 2025(2) dt.15-01-2026
                                                       2/2




                                  5. Considering the delay in lodging the case, nature of

                     injury and clean antecedent, let the above named petitioner, in

                     the event of arrest/surrender within a period of eight weeks from

                     today, be enlarged on bail on furnishing bail-bond of Rs.

                     10,000/- (ten thousand) with two sureties of the like amount each

                     to the satisfaction of learned J.M. 1st Class, Bettiah, West

                     Champaran in connection with Sathi P.S. Case No. 174 of 2025,

                     subject to condition as laid down under Section 482 of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.